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Five days prior to the Munich court decision, Apple sued Motorola in the U.S. District Court for the Southern District of California. [15] Apple's complaint sought a declaratory judgment and injunction based on an alleged breach of contract by Motorola, and alleged that Apple is a third party beneficiary under a patent licensing agreement ...
Boxer Manny Pacquiao filed a cross-complaint Friday in a California state court against Paradigm Sports Management, alleging breach of conduct, breach of fiduciary duty and fraud, among other ...
Any breach of contract (warranty, condition or innominate term) gives rise to a right in the hands of the innocent party to recover their damage suffered which caused by the breach of contract by the defaulting party. Damages in the UK are the only [4] remedy available for breach of a warranty.
In contract law, an arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause.
LGE's complaint does not include a breach-of-contract claim, and we express no opinion on whether contract damages might be available even though exhaustion operates to eliminate patent damages. By the same token, the Court said nothing as to specific performance or whether contract rights, if any, could be enforced against Quanta.
A claim is a compulsory counterclaim if, at the time of serving the pleading, the counterclaim "arises out of the transaction or occurrence that is the subject matter of the opposing party's claim," AND the counterclaim "does not require adding another party over whom the court cannot acquire jurisdiction,"
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